Why U.S. Supreme Court Justices Serve For Life - Cheddar Explains

In a new AP poll, 67% of Americans are in favor of Supreme Court term limits. After all, a supreme court justice is the ultimate referee of all U.S. law. And even if they’re in poor health or facing mental decline or just… older than most voters think they should be, they can just… keep… on… working.

So here’s what we want to know – why did the founding fathers ever think it was ok to give judges lifetime tenure? Did this part of the American experiment have its desired outcome? And what would it take for term limits to actually be implemented for the first time in the court’s 232-year history?

Further reading:

Washington Times

Open Secrets

NY Times

Yale

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[thudor]

"Though his tongue framed words, there was no sense in them."
That's the perfect description of too many politicians!

[xtieburn]

Term limits may help but they are treating the symptom not the cause of the worst issues.
The selection process for the Judges is fundamentally flawed allowing partisan choices almost every time. Its astonishing that it wasnt as catastrophically broken as it is now, earlier.
They should be selected by a multi-tiered independent process. This is how its done for judges in other countries with some success at shielding it from party politics.* Much of the system can be objective, based upon qualifications, experience, career achievements, etc. Id even argue that the process could produce a small pool of excellent judges that could then be selected from at random to further protect the institution from political meddling.

Of course if term limits are going to be a major uphill struggle, remaking the system so that it isnt total garbage is not likely any time soon, but we can dream...

*I should note, its effectively impossible to entirely carve out such politics from any selection process bound to an elected government. Ive seen people use that fact to shoot down the entire concept but I dont consider that particularly helpful or valid. The point isnt to make something entirely flawless, its to perpetually strive to get as close as you can.

[DocFunkenstein]

The reason was because it was intended to make sure the judges wouldn't be influenced by bribes, blackmail, or threats, as they were guaranteed a job for life, and a well-paying one at that. The real problem is that all the systems that were put in place to protect the court's integrity have been perverted and corrupted.

[gilbertnicholas]

Term/age limits should be in place for all government officials

[joacimnilsson]

Couldn't you argue that a judge saying "I'm gonna make half the population's life miserable for 43 years" directly violates the "good behaviour" clause?

[ericvulgate]

Twenty years is plenty long enough to be 'above politics'-
As if that were even possible.
If we keep letting them serve for life pretty soon they will be serving for centuries.

[joermnyc]

Mandatory retirement age needs to be a thing across all levels of government, it’s not ageism, it’s common sense!

[peterthepanda]

What we need are absolute term limits for US Senators and Representatives.

Edit: Make that absolute term limits for all elected Politicians in general.

[peabody]

I might be in favour (with a u) of "either 24 years or no older than age 75, whichever comes first", which would allow for either younger judges (who would have to leave after 24 years) or older judges (who would have to leave at age 75) to be nominated and confirmed. And the process for confirmation needs to also be included in any constitutional change.

[matt]

If anything we need term limits on congress. There should be no life long politicians.

[jackryan]

It's insane that public schools and higher learning public institutions don't have more focus on the Judicial system outside one course that covers 3 branches of government out of 40 Classes (BA/BS) Unless your major is in a related field like Political Science.

[ItsJustMe]

I'd actually prefer NOT to have term limits for them, because of the reason stated. It causes bias and influence toward them from external sources. Definitely make the ability to remove justices that are mentally incapable of doing the job (make that a high bar), but not term limits.

I think the way they're appointed, however, can be worked on. Maybe limit the number of justices a president can appoint, and maybe have the nominees be given by the highest courts from each state to choose from. Something like that. Just get better, more impartial judges in the first place.

[yongchen]

Their should be term limits and age limit in politicians like 2 term limits and 75 age limits

[jacobthompson]

I’m ok with term limits as long as they only get one term. The reason why they are given lifetime appointment is so they can make decisions without being subjected to public ire and as a result have decisions influenced. Judges who are elected hand tougher sentences and uphold bad decisions to keep from being ousted by voters. A one term limit still keeps that benefit of appointing judges instead of subjecting them to the ire of voters.

[sil-nick]

The biggest issue i see with lifetime judges has come with the evolution of the internet.

How many 90 year olds understand things like p2p file sharing, cryptocurrency, and blockchain technology?

[mathisnotforthefaintofheart]

In addition to the fact that it is ridiculous that there are no term limits, I also think the whole selection process is problematic. The supreme Court can really fundamentally change the course and nature of this country and thus they should receive a vote by the people, just like any other elected official is democratically elected.

[yay-cat]

like what you should do is let everyone who passed the bar vote for their choice. Like let lawyers choose the justices.

[jasperdalesamaniego]

A late Philippine senator and a constitution scholar once said during chief justice Corona impeachment trial. "You don't read the constitution as if you're reading a news paper"

[Mediumdoo]

It’s time to for a constitutional convention

[bakari]

thanks for this specific topic video essay...subscription earned.